ED&F Man Sugar Ltd. v Unicargo Transportgesellschaft mBh (The “Ladytramp”) – English Court of Appeal, 19 Nov 2013
SUGAR CHARTER PARTY 1999 — FIRE DAMAGE AT TERMINAL — MECHANICAL BREAKDOWN DEFINED — OBLIGATION TO NOMINATE ALTERNATE BERTH — FORCE MAJEURE — GOVERNMENT INTERFERENCE — Owner Award
The Vessel was delayed in berthing due to a fire that had destroyed the conveyor belt system at the Charterer’s regularly-scheduled terminal. Charterer submitted their case to the Court of Appeal for consideration that this situation should constitute a mechanical breakdown and likewise exempted from the Owner’s laytime calculation.
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